Current through Register Vol. 43, No. 02, November 27, 2024
(a) This regulation is adopted to comply with
the provisions of Act 2006-398, Acts of Alabama and
§
33-6A-3.1, Code of
Ala. 1975. The act requires the Department of Conservation and
Natural Resources to adopt rules authorizing the use of vessels otherwise
prohibited by the act in the following circumstances:
(1) Vessels needed for use on a temporary
basis;
(2) Houseboats [defined in
the act as either (a)"residence boats", defined in Section
33-6A-1(6) as
"any structure used primarily for habitation located on any waters in the
state, floating or supported totally or partially on pilings" or (b)
recreational vessels that constitute a fully equipped dwelling similar in
content to a mobile home, with a marine sanitation device, galley, and sleeping
quarters)] that were licensed and in use on July 1, 2006, provided, that they
meet all applicable standards for sewage discharges, are moored at a marina or
other facility with a certified pump-out station or other approved means of
sewage disposal, and are inspected annually; or
(3) Boats exceeding 30 feet 6 inches in
length [not to include any boat covered by subdivision (2) of subsection (a) of
the act] that was licensed and in use or that was on site and available for
sale at a marina located on one of the lakes referenced in subsection (a) of
the act on July 1, 2006.
(b) The owner of a vessel that may be
permitted must submit an application that can be obtained from the Marine
Police Division along with the appropriate fee to the Marine Police Division
Headquarters. Except as otherwise provided herein for those vessels referred to
in (a)(1) above, to meet requirements for approval, the owner must submit:
(1) proof that the vessel was in compliance
with the boat registration laws of the State of Alabama on or after July 1,
2003 but not later than July 1, 2006, and that the vessel was placed in the
water of the particular lake, or was in storage at or adjacent to the
particular lake, at some point on or after July 1, 2003 but not later than July
1, 2006; OR
(2) [Applicable to
boats referred to in (a)(3) above only] proof that the boat was on site and
available for sale at a marina located on one of the subject lakes on July 1,
2006. Proof can be in the form of previous registration certificates, marine
rental agreements, dealer invoices, past MSD inspections, or other proof that
can be authenticated. Once originally approved, two stickers bearing
lake-specific markings and a permit will be mailed to the applicant. The permit
shall expire on December 31 each year and must be renewed annually by the
vessel owner by mailing in the appropriate fee and an application for an
approved vessel that can be obtained from the Marine Police Division. An
approved vessel will not have to replace the decal each year but must obtain a
valid permit. A valid permit must be onboard any vessel that is required to be
permitted and such permit must be readily available for inspection.
(c) Act 2006-398, Acts of Alabama
and §
33-6A-3.1, Code of
Ala. 1975, state that "recreational vessels greater than 26 feet
11 inches in length and rated by the manufacturer for or capable of a top speed
in excess of 60 miles an hour shall be prohibited."
(1) Any vessel greater than 26 feet 11 inches
in length referenced by this act that is witnessed by an enforcement officer to
be exceeding 60 miles an hour shall be on the first offense issued a warning
for being illegally operating on the lake and must not operate upon the lake
until such time that the boat owner is able to provide written proof to the
Marine Police Division that the vessel has been altered so that such vessel is
incapable of a top speed in excess of 60 miles per hour. Such written proof
must be notarized and signed by a manufacturer certified marine mechanic or
technician, currently certified, stating what modifications were made to the
vessel and that such modifications will make the vessel permanently incapable
of exceeding 60 miles an hour. If written proof of modifications of the vessel
(to assure that the vessel is permanently incapable of exceeding 60 miles per
hour) is not received within 90-days of the date of warning, such vessel shall
be considered in violation of Act 2006-398, Acts of Alabama and §
33-6A-3.1,
Code of
Ala. 1975.
(2) Any
vessel that has received a written warning and provided documentation that the
vessel has been altered to make the vessel permanently incapable of exceeding
60 miles an hour that is witnessed by an enforcement officer to be exceeding 60
miles an hour shall be considered in violation of Act 2006-398, Acts of Alabama
and §
33-6A-3.1,
Code of
Ala. 1975.
(3) Any
vessel which is otherwise determined to be rated by the manufacturer for or
capable of a top speed in excess of 60 miles an hour shall be considered in
violation of Act 2006-398, Acts of Alabama and §
33-6A-3.1,
Code of
Ala. 1975.
(d)
Definitions of Certain
Terms: For the purposes of the administration and enforcement of Act
2006-398, Acts of Alabama and §
33-6A-3.1, Code of
Ala. 1975, the following terms shall be defined as follows:
(1) "
Licensed on the effective date of
this section" -Vessels complying with the boat registration laws of the
State of Alabama on or after July 1, 2003 but not later than July 1,
2006.
(2)
"In use on the
effective date of this section" - The vessel was placed in the water of
the particular lake, or was in storage at or adjacent to the particular lake,
at some point on or after July 1, 2003 but not later than July 1,
2006.
(3)
"Recreational
vessel that constitutes a fully equipped dwelling similar in content to a
mobile home"- A recreational vessel that has at least one dedicated
sleeping area similar to that sleeping area in a mobile home, has a galley
(which shall include a stove, refrigerator, and a sink), and has a marine
sanitation device. Cuddy cabin boats are specifically excluded from this
definition.
(e)
Permits for Vessels on Lake Harris (Lake Wedowee), Lake Martin, and Weiss
Lake. Permits shall be issued on a "per lake" basis.
Permits shall be issued on or about January 1, 2009, or as soon as reasonably
practical thereafter. The cost of each annual permit shall be $45.00. The cost
for temporary permits shall be $10.00 per day. Permits for vessels may be
transferred from one vessel owner to another for a permit transfer fee of
$25.00. [Informational Note: Marine Sanitation Inspections required under
§
33-6A-6, Code of Ala.
1975, are conducted at no additional charge until October 1,
2008.] All vessels required to be permitted must have such permit on board the
vessel prior to operation on or after March 1, 2009.
(f)
Method of Measurement of Length
- For the purposes of the administration and enforcement of Act
2006-398, Acts of Alabama and §
33-6A-3.1, Code of
Ala. 1975, the length of vessels shall be determined by measuring
the straight line distance from the bow to the lowest part of the transom,
excluding bowsprits, outboard motor brackets, rudders, or other attachments,
and excluding any swim platforms whether molded into the hull construction or
otherwise. Notwithstanding the foregoing, the length of the vessel as shown on
the current vessel registration shall be prima facie evidence of the length of
the vessel for the purposes of the administration and enforcement of Act
2006-398, Acts of Alabama and §
33-6A-3.1, Code of
Ala. 1975.
(g)
Determination of Temporary Need for Vessel Use - Determinations
for any temporary need for use of vessels otherwise prohibited by the act shall
be made on a case-by-case basis by the Commissioner of Conservation and Natural
Resources, after receipt of written applications detailing the particular need
and the nature and length of the proposed use of the vessel.
(h)
Advisory Opinions Regarding
Compliance - Persons with uncertainty as to compliance with the
provisions of this regulation and/or with Act 2006-398, Acts of
Alabama and §
33-6A-3.1, Code of
Ala. 1975, may obtain written advisory opinions from the
Commissioner of Conservation and Natural Resources.
(i) The penalty for the violation of any
provisions of this regulation shall be as provided by Section
33-6A-8, Code of Ala.
1975.
Author: M. Barnett Lawley
Statutory Authority:
Code of Ala.
1975, §
33-6A-3.1.